Attorneys Argue Libel Case

January 16, 1985|By Staff reports

WEST PALM BEACH — Attorneys argued before the 4th District Court of Appeal here Tuesday whether Alphonse Della-Donna was a public or private figure when an attempt was made to rescind the funds promised to Nova University from a unitrust established by insurance tycoon Leo Goodwin Sr.

In 1976, Della-Donna, a trustee of the Leo Goodwin foundation of Fort Lauderdale, announced the designation of Nova University as one of the recipients of the unitrust. The announcement attracted considerable publicity, as did subsequent word from Della-Donna that the trustees had rescinded the designation because Nova was not locally controlled.

Della-Donna, a Fort Lauderdale attorney, later filed a libel suit against Gore Newspapers Company, the former name of the company that publishes The Fort Lauderdale News and Sun-Sentinel, over stories surrounding the attempt to rescind the designation and the subsequent controversy.

In September of 1983, Broward County Circuit Judge J. Cail Lee entered a summary judgment against Della-Donna in which it was ruled that he was a limited public figure within the context of the lawsuit.

Jonathan W. Lubell, Della-Donna`s attorney, argued Tuesday that the judge should not have issued that ruling because Della-Donna was a private individual involved in a private controversy.

Ray Ferrero Jr., the newspaper company`s attorney, insisted that Della-Donna played a public role in the controversy and that Lee`s ruling was correct.